Legal Opinion

Commonwealth v. Board of Claims

Commonwealth Court of Pennsylvania

Decided October 1, 1990No. 72 M.D. 1990PublishedCited by 4 opinions

1Opinion of the Court

DOYLE, Judge.

Before us for our consideration is a petition for review in our original jurisdiction filed by the Pennsylvania Department of Corrections (Department) which seeks the issuance of a writ of prohibition to restrain the Board of Claims (Board) from exercising its jurisdiction over a claim pending before it, Ellerbe v. Department of Corrections, Docket No. FC-787-89, because the claim does not fall within the subject matter jurisdiction of the Board. The Board has filed a motion for summary relief and the Department has filed a cross-motion for summary judgment.

The genesis of this…

2Cases cited5 opinions

  1. Carpentertown Coal & Coke Co. v. LairdSupreme Court of Pennsylvania · 1948
  2. Akron Borough v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1973
  3. Finkbiner v. Medical Professional Liability Catastrophe Loss FundCommonwealth Court of Pennsylvania · 1988
  4. Todd v. FigleySupreme Court of Pennsylvania · 1838
  5. O.S.C. Co. v. Lackawanna River Basin Sewer AuthorityCommonwealth Court of Pennsylvania · 1988

3Cited by4 opinions

  1. Independence Blue Cross v. Pennsylvania Insurance DepartmentCommonwealth Court of Pennsylvania · 1996
  2. Melvin v. United StatesDistrict Court, D. Kansas · 1997
  3. S. Palmer v. John Doe SergeantCommonwealth Court of Pennsylvania · 2016
  4. S. Ross v. Dr. R. J. Marsh, Jr., SuperintendentCommonwealth Court of Pennsylvania · 2019

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